Court Updates

Topics

05/02/2023

Under the Definitions Provided by the Conway Zoning Ordinance, Short-term Rentals are Allowed in the Residential District.

Town of Conway v. Kudrick

New Hampshire Supreme Court Case No. 2022-0098

04/24/2023

When Overturning a ZBA Decision the Matter Does Not Have to be Remanded to the ZBA if the Record is Sufficient to Permit Reviewing Court or Board to Render a Final Decision as a Matter of Law

Ellen & Ronald Campbell v. Town of Pelham

Housing Appeals Board Case No. ZBA – 2022-30

04/18/2023

Purely Economic Loss Caused by COVID-19 Without Physical Damage to Buildings Does Not Support Claim for Proration of Taxes

Clearview Realty Ventures v. Laconia

New Hampshire Supreme Court Case No. 2022-0196

04/14/2023

NH Supreme Court Reverses Superior Court’s Decision Upholding Conditions Placed on Church’s Special Exception Regarding Occupancy & Hours of Operation; Affirms Superior Court’s Decision to Dismiss Constitutional Claims and Grant Wetlands Special Exception

Christ Redeemer Church v. Town of Hanover; Jeff Acker & a. v. Town of Hanover

New Hampshire Supreme Court Case Nos. 2021-0349 and 2021-0356

04/10/2023

When Granting Waiver of a Conditional Use Permit Under Innovative Land Use Control, HAB Ruled Party Seeking Waiver Must Demonstrate the CUP Regulation Creates an Unreasonable Hardship; HAB Asserted it has Authority to Issue Declaratory Judgements

James Logan v. Town of Candia

Housing Appeals Board Case Number PBA-2022-28

01/18/2023

Planning Board Deviation From Past Practices When Reviewing a Land Use Project Can Result in Reversal of a Board Decision

Appeal of Town of Amherst

NH Supreme Court No. 2021-0570

12/05/2022

Equivocal Public Safety Evidence Did Not Support Denial of a Variance on the Issue of Public Safety

46 Martin Road, LLC v. Town of Epping

Housing Appeals Board Case No. ZBA – 2022-16

11/30/2022

Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application

Transfarmations v. Town of Amherst

New Hampshire Supreme Court Case No. 2021-0214

11/14/2022

ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted

Chelmsford Hooksett Properties, LLC v. Town of Hooksett

Housing Appeals Board Case No. ZBA-2022-10

10/26/2022

Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort.

Colquhoun v. City of Nashua

New Hampshire Supreme Court Case No. 2021-0253

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